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Home My WebLink About20160569.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 BETWEEN 1-76 AND COUNTY ROAD 38 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS -OGG &S, LLC,AND THE STROH FAMILY TRUST WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to County Road 49 between 1-76 and County Road 38 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and OGG & S, LLC, 1004 Richmond Road, Edmund, OK 73034, and the Stroh Family Trust, 10815 W. Roundelay Circle, Sun City, AZ 85351, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to County Road 49 between 1-76 and County Road 38 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and OGG & S, LLC, and the Stroh Family Trust, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. 2016-0569 EG0073 cc (rC/7-35#,2 NOM RE: AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 BETWEEN 1-76 AND COUNTY ROAD 38 - OGG & S, LLC, AND THE STROH FAMILY TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:day44, y� , ,, -" �;(1 mel`t.f4,1162,. Mike Freeman, Chair Weld County Clerk to the Board 7 / Sean P. Conway, Pro Tem BY: ��'•� ty Clerk t• the Boar• t _ . ` rbara Kirkmeyer om ED OFORM: 186t IIearl ' � 1"u're A. Cozad bounty Attorney 4 Steve Moreno Date of signature: 3// 2016-0569 EG0073 s4)4,§1,44 MEMORANDUM 1►� TO: Clerk to the Board DATE: 1/29/2016 3GO_U TY` FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to WCR 49 between I-76 and WCR 38 with OGG & S LLC and The Stroh Family Trust. RECEIVED FEB o 1 2016 COMMI COUNTY M:\Francie\AGENDA memos\Agenda-Leon-1.doc 2016-0569 EC? D073 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN I-76AND WCR 38,WELD COUNTY,COLORADO THIS AGREEMENT is made this 81 day of 2014,by and between OGG &S LLC whose address is 1004 Richmond Road,Edmund OK 3034 and The Stroh Family Trust,whose address is 10815 W.Roundelay Circle, Sun City, Z 85351 hereinafter collectively referred to as"Owners,"and the COUNTY OF WELD,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners,whose address is 1150'O' Street,Greeley,Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"A" (hereinafter referred to as ("Public Road Right-of-Way"),and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"B" (hereinafter referred to as("Temporary Construction Easement"),and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as"WCR 49 Corridor Improvement Project"(the"Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project,and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project,and WHEREAS,Owners wish to cooperate with County in said Road Improvement Project, NOW,THEREFORE,the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owners agree to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand Nine Hundred Eighty-six and 00/100 Dollars, ($3,986.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owners agree to convey a Temporary Easement described on Exhibit "B", for which this Agreement serves, for the sum of Seven Hundred Fifty-One and 00/100 Dollars,($751.00). 4183567 Pages: 1 of 10 02/25/2016 01:50 PM R Fee:$0.00 1111 yKo I ��Ry�G�fJl�4'6�wJ'!�Tf�Ck�;df, ti+.4r�h�r�Li III II 3. If this agreement is executed and returned to our office on or before January 14, 2016 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owners warrant that they are the Owners of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owners agree to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owners agree to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easement shall commence on the day of closing and shall expire and shall be of no further force or effect on January 1, 2019 or upon completion of the Project, whichever is earlier. 8. Owners shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 9. Owners shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right- of-Way and Temporary Construction Easement. 10. Owners shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 11. Owners shall pay any encumbrance associated with the Public Road Right-of- Way and the Temporary Construction Easement which is required to be paid, including,but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Ownesr deliver the Warranty Deed to County. Owners are solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. 4183567 Pages: 2 of 10 02/25/2016 01:50 PM R Fee:$0.00$0.00 Page 2 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO viii �c i t�� FiX�Y41 11111 COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay Six Thousand One Hundred Fifty-eight and 00/100 Dollars ($6,158.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before January 14,2016. If the agreement is not signed and returned on or before January 14, 2016, the County shall maintain its current offer of Fair Market Value of Four Thousand, Seven Hundred Thirty-seven and 00/100 Dollars ($4,737.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit"B" to a level comparable to its original condition. 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired. Owners shall main said fence. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4183567 Pages: 3 of 10 Page 3 of 5 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 IirOWEWIAFINZ1WIMIJ44lMIA#Y4rh 11111 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: OGG & S LLC By: Title The Stroh Family Trust Ott AiCUT\L-- SOCCtSSOR TRUSTEE By: Title 4183567 Pages: 4 of 10 Page 4 of 5 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■ i 1 �.�R��r ��i'�i�rU��h1�h� 'F�'11��'iW�h 11111 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: OGG& S LLC 1022 c Title 1 The Stroh Family Trust By: Title 4183567 Pages: 5 of 10 Page4of5 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County, CO I'll K MM IG • ATTEST: dj,, ) J•A BOARD OF COUNTY COMMISSIONERS Weld o nt Clerk to the Board WELD COUNTY, COLORADO BY: .� � � Ii� � 11\ Deputy C rk to the B jj d n Mike Freeman, Chair FEB 0 8 2016 APPROVED AS TO FUN� R `' �':.ke PROVED A i B ANCE: Controller r �� 1 E ed c'al or Department Head APPROVED AS TO FORM: H v- n Director of General Services County Attorney Page 5 of 5 4183567 Pages: 6 of 10 0W6- 02/25/2016 i/, D 9 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■iii a ,a�� ra�� i rw��. ,�IMAM • EXHIBIT-A 49-STROH-OGG-ROW PARCEL DESCRIPTION A parcel of land, being port of that land described in a Deed recorded September 28, 2004 as Reception No. 3223011 of the Records of the Weld County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of Section Twelve (12), Township Three North (T.3N.), Range Sixty—Five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter corner of said Section 12 and assuming the East line of said NE1/4 as bearing North 00'21'00" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2642.09 feet and with all other bearings contained herein relative thereto; THENCE South 89'34'29" West along the South line of said NE1/4 a distance of 40.00 feet to the West Right of Way line of Weld County Road 49 recorded June 7, 1939 as Reception No. 819288 of the Records of Weld County and to the POINT OF BEGINNING; THENCE South 89'34'29" West along said South line a distance of 200.00 feet to a line parallel with and 240.00 feet Westerly of, as measured at a right angle to, said East line; THENCE North 00'21'00" West along said parallel line a distance of 30.00 feet to a line parallel with and 30.00 feet Northerly of, as measured at a right angle to, said South line; THENCE North 89'34'29" East along said parallel line a distance of 100.00 feet; THENCE North 44'36'45" East a distance of 99.06 feet to a line parallel with and 70.00 feet Westerly of, as measured at a right angle to, said East line; THENCE North 00'21'00" West along said parallel line a distance of 2542.80 feet to the North line of said NE1/4; THENCE South 89'50'28" East along said North line a distance of 30.00 feet to a line parallel with and 40.00 feet West of, as measured at a right angle to said East line; THENCE South 00'21'00" East along said parallel line a distance of 2642.50 to said South line and to the POINT OF BEGINNING; Said described parcel of land contains 86,829 Square Feet or 1.993 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT OF WAY OF WELD COUNTY ROAD 49 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East 40.00 feet of said NE1/4. Said described parcel of land contains 105,692 Square Feet or 2.426 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. Y� � "f E't e, ,ca cf . o� } r z;ri *!5-/Y-ZOV-". Steven Parks — On Behalf Of 1≤Ing Stkve fors Colorado Licensed Professional "'" Land Surveyor #38348 WELD COUNTY DEPARTMENT RIGHT OF WAY 4al� OF PUBLIC WORKS ACQUISITION u 6i WCR 49 CORRIDOR PROJECT RW-4- BETWEEN WCR(s)34&36 OGG & S LLC & STROH FAMILY KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 650 E.Carden Drivel lPindsor,Cobrado 80550 WFi n rni fNTV rni nu A nn •I I email:info@k,n8Sunx}ors.com DATE: 5-13-15 DRAWN BY: CDL SHEET: I of 2 4183567 Pages: 7 of 10 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIII IMPIIFilrnMinterIMlitrIAE1.14. IIIIII I EXHIBIT-A 1 L6 60' EXISTING RIGHT—OF—WAY ' -g), (BOOK 48, PAGE 139) cV z NE CORNER N Sec.12, T.3N., R.65W. m FOUND #6 REBAR WITH L, 3.25" ALUMINUM CAP o O STAMPED LS 23520, 2001 IN MONUMENT BOX ' N fn O ¢ Om OGG & S LLC, & I Z THE STROH m FAMILY TRUST � '' � ALVIN DECHANT Jr. u7 CV PARC.#121312000005 N &DAVID ALAN cNi DECHANT RECP.#3223011 IDo W NW 1/4 NOTICE O S7-T3N-R64W N ,1 _ According to Colorado low you must NE 1/4 O N commence any legal action based upon 0 any defect in this survey within three years S12-T3N-R65W Z p after you first discover such defect. In no V) � , event may any action based upon any i ` defect in this survey be commenced more ADDITIONAL RIGHT—OF—WAY than ten years from the date of the 86,829S.f.± OR 1.9930c.t certification shown hereon. (13-80-105 C.R.S. 2012) 40' EXISTING RIGHT—OF—WAY (REC. NO. 819288) NOTE: This exhibit drawing is not intended to be a monumentaiized land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written 15 EXISTING RIGHT—OF—WAY INt property description which it accompanies. MILTON LAKE ESTATES— The written property description supersedes (REC. NO 1550903) the exhibit drawing. E 1/4 CORNER 60' EXISTING RIGHT OF WAY i Sec.12, T.3N., R.65W. NO OFFOUND #6 REBAR WITH (REC. 646011)1 I 3.25' ALUMINUM CAP STAMPED LS 34995, 2008 I I - 1 IN MONUMENT BOX LINE TABLE -- - I ---1- -- POINT OF COMMENCEMENT PATRICIA A. &TERRY L. SEE DETAIL LINE BEARING LENGTH GRISHAM LOT 13 MILTON LAKE ESTATES I I I L1 S89.34'29"W 40.00' L2 S89'34'29"W 200.00' DETAIL L3 NO0'21'00"W 30.00' SCALE: 1"=100' h L4 N89'34'29"E 100.00' L4 x L5 N44'36'45"E 99.06' n f PINT DBEGI4,O L6 S89'50'28"E 30.00' L2 L1 RIGHT OF WAY .A._ WELD COUNTY DEPARTMENT ACQUISITION to /.✓ OF PUBLIC WORKS AC Q (W-4 ,r►1. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 OGG& S LLC & STROH FAMILY WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' tvrt n lVli TT.TTV !'(li(1R Ann 650 E.Carden Drive I Windsor,Colorado 80550 '"--`^'+ I emaihinfo@KingSunve)orscom DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 4183567 Pages: 8 of 10 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII RIPAIMPI ikklarlIIIIIM«Mk' NK',iiIkLi, ii III • • EXHIBIT-B 49-STROH-OGG-TCE PARCEL DESCRIPTION A 20.00 foot wide strip of land for easement purposes, being a part of that land described in a Deed recorded September 28, 2004 as Reception No. 3223011 of the Records of the Weld County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of Section Twelve (12), Township Three North (T.3N.), Range Sixty—Five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter corner of said Section 12 and assuming the East line of said NE1/4 as bearing North 00'21'00" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2642.09 feet and with all other bearings contained herein relative thereto; THENCE South 89'34'29" West along the South line of said NE1/4 a distance of 240.00 feet to a line parallel with and 240.00 feet Westerly of, as measured at a right angle to, the East line of said NE1/4; THENCE North 00'21'00" West along said parallel line a distance of 30.00 feet to the POINT OF BEGINNING; THENCE North 00'21'00" West continuing along said parallel line a distance of 20.00 feet to a line parallel with and 50.00 feet Northerly of, as measured at a right angle to, said South line; THENCE North 89'34'29" East along said parallel line a distance of 91.70 feet; THENCE North 44'36'45" East a distance of 82.51 feet to a line parallel with and 90.00 feet Westerly of, as measured at a right angle to, the East line of said NE1/4; THENCE North 00'21'00" West along said parallel line a distance of 2534.70 feet to the North line of said NE1/4; THENCE South 89'50'28" East along said North line a distance of 20.00 feet to a line parallel with and 70.00 feet Westerly of, as measured at a right angle to, said East line; THENCE South 00'21'00" East along said parallel line a distance of 2542.80 feet; THENCE South 44'36'45" West a distance of 99.06 feet to a line parallel with and 30.00 feet Northerly of, as measured at a right angle to, the South line of said NE1/4; THENCE South 89'34'29" West along said parallel line a distance of 100.00 to a line parallel with and 240.00 feet Westerly of, as measured at a right angle to, said East line and to the POINT OF BEGINNING; Said described parcel of land contains 54,508 Square Feet or 1.251 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. r „ 120>S' k Steven Parks — On Behalf off*Aa $uyors Colorado Licensed Professional Land Surveyor 138348 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 41I Pe, OF PUBLIC WORKS re a9 \� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 OGG& S LLC& STROH FAMILY WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WRLD COUNTY,COLORADO 650 E.Garden Drive I Windsor,Colorado 80550 phone:(970)686-5011 I email:info@KingSunvyorscom DATE: 5-13-15 DRAWN BY: CDL SHEET: 1 of 2 4183567 Pages: 9 of 10 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill EXHIBIT-I3 - _ -- - - -I-L6 7--ME .6 -_ 60' EXISTING RiGHT-OF-WAY] , o (BOOK 48, PAGE 139) i , z NE CORNER l CV Sec.12, a Sec.12, T.3N., R.65W. Ehi 2 FOUND #6 REBAR WITH I I m 3.25" ALUMINUM CAP o o STAMPED LS 23520, 2001 i•p_ w_ IN MONUMENT BOX 1 :� in o a OGG & S LLC, & I i THE STROH • FAMILY TRUST o 03 I ALVIN DECHANT Jr. S: PARC.#121312000005 &DAVID ALAN NOTICE N N 1 DECHANT RECP.#3223011 i According to Colorado law you must 3 3 NW 1/4 commence any legal action based upon O O I 57-T3N-R64W R64W any defect in this survey within three years O O after you first discover such defect. In no - event may any action based upon any NE 1/4 N N 1 / defect in this survey be commenced more S12-T3N-R65W o than ten years from the date of the 0 i 0 Z , certification shown hereon. (13-80-105 F III C.R.S. 2012) I 20' TEMPORARY EASEMENT 54,508s.f.± OR 1.251ac. • '� I NOTE: This exhibit drawing is not intended I I to be a monumentalized land survey. It's 40' EXISTING RIGHT—OF—WAY I I I j sole purpose is as a graphic representation (REC. NO. 819288) to aid in the visualization of the written property description which it accompanies. The written property description supersedes I ' la\ the exhibit drawing. 15' EXISTING RIGHT-OF-WAY i • IV `�1 MILTON LAKE ESTATES ,, (REC. NO 1550903) I I Ig E 1/4 CORNER LINE TABLE 60' EXISTING RIGHT OF I . I Sec.12, T.3N., R.65W. NO OFWAYi • i FOUND #6 REBAR WITH (REC. 646011)1 3.25" ALUMINUM CAP LINE BEARING LENGTH STAMPED LS 34995, 2008 " 4fl — L1 S89'34 2a w 2 n,nn -- -- - - -- IN MONUMENT BOX POINT OF COMMENCEMENT L2 N00'21'00"W 30.00' PATRICIA A.&TERRY L. . SEE DETAIL '= ' ,' i L3 NO0'21'00"W 20.00' GRISHAM LOT 13 MILTON LAKE ESTATES I I I L4 N89'34'29"E 91.70' i DETAIL ' • L5 N44'36'45"E 82.51' SCALE 1"=l00' \'h= i L6 S89'50'28"E 20.00' I L4 �,, I L7 • . S44'36'45"W 99.06' L8 S89'34 29"W 100.00' N POINT OF -' BEGINNING L8 L1 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION �� OF PUBLIC WORKS -rE.4g �� ► . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 OGG & S LLC & STROH FAMILY WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' T. .��,.. r m _ ,�„_-- ,__ 650 E.Crarden Drive Windsor,Colorado 80550 email infonl ingSongnrs.com DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 4183567 Pages: 10 of 10 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11IIi0tali FAO 1PriNillihNiirillilKetaI 41/411144 III II 186. MEMORANDUM —I... ! a —:. d� Fri TO: Clerk to the Board DATE: 3/4/2016 o=v__ ?T r RECEIVED FROM: Tiffane Johnson Public Works Department MAR 0 7 2U36 SUBJECT: Consent Agenda Item WELD COUNTY COMMISSIONERS RE: Doc#2016-0569 Warranty Deed with OGG& S, LLC for improvements to WCR 49. M:\Francie\AGENDA memos Wgenda-WarrantyDeed.doc • (.e , (r5/ e ) 0.20149—0569 3-14-c2a6 EGW73 3- /2 /lo WARRANTY DEED THIS DEED made this v day of V , 20/6, between OGG & S, LLC, a Colorado limited liability company, whose address is 1004 Richmond Road, Edmund, OK 73034, and The Stroh Family Trust, a Colorado corporation, whose address is 10815 W. Roundelay Circle, Sun City, AZ 85351, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as: Vacant land. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. RESERVING unto'Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights-of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4188490 Pages: 1 of 6 03/16/2016 11:37 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO b� an RICI 1 11ri�+114I��P��ti AUF M�4I i IA III III010/4v-- IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. OGG & S, LLC J y Berson, Managing Partner State of t KI-4)46 r ) )ss. County of OK t- H.ork,, The foregoing instrument was acknowledged before me this 2.,1 day of , 201 co, by Jerry L. Anderson, Managing Partner of OGG& S, LLC. .,,p,,,„u,,,,,, •ot-H.ts).; Witness my hand and official seal. O• �o1A%7 y.: • t#m:16W 1 =_tgeXP.07/17!17,Q_ %4)014' „„ppiiot, No ary Pub is ft My commission expires: 1 /(-1 '/ //7 4188490 Pages: 2 of 6 03/16/2016 11:37 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 MIN NA II IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. The Stroh Family Trust Jay ro , uccessor Trustee State of Cri ;Z ) )Ss. County of. i JtaPH) The foregoing instrument was acknowledged before me this 2 V' day of f=c..4...�.�� , 20 ls., by Jay S oh Si essor Tru ee of The Stroh Family Trust. IDA WON NoisyWitness my hand and official seal. Publo Madcap County,Nfrono ,p1, MyConim.EON 0531.19 ,Cks-(4. U _ Notary Public My commission expires: 5 — 1.--- /�/ 4188490 Pages: 3 of 6 03/16/2016 11:37 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 iYneffiN 'LCIMI AIdi ni ll ail W iU, II II I ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights-of-Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this / day of , 2016. ATTEST: dot 't1 BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOA'��+. COUNTY OF WELD, A BODY �•� ELM, CORPORATE AND POLITIC OF THE 'STATE OF COLORADO / 4:1 f4:41 BY. : 11:x ;�`` :Y Dep ty Cler to the Board `�O��' • Mike Freeman, Chair 4 ZQt� ♦,` �„i LIAR 1 STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me th•is /1/:fillday of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Pub c My commission expires: 1/4,2/19/72-14, CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4188490 Pages: 4 of 6 03/1Carly 11:37 AM n R Frder, Weld D Fee:$0.00 00 O��/� — ©�/ Carly Koppes, Clerk and Recorder, Weld County, CO (O Ell FARM i�kU�i�I ��'�R�a�i��E '�Y III11 EXHIBIT-A 49-STROH-OGG-ROW PARCEL DESCRIPTION A parcel of land, being part of that land described in a Deed recorded September 28, 2004 as Reception No. 3223011 of the Records of the Weld County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of Section Twelve (12), Township Three North (T.3N.), Range Sixty—Five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter corner of said Section 12 and assuming the East line of said NE1/4 as bearing North 00'21'00" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2642.09 feet and with all other bearings contained herein relative thereto; THENCE South 89'34'29' West along the South line of said NE1/4 a distance of 40.00 feet to the West Right of Way line of Weld County Rood 49 recorded June 7, 1939 as Reception No. 819288 of the Records of Weld County and to the POINT OF BEGINNING; THENCE South 89'34'29" West along said South line a distance of 200.00 feet to a line parallel with and 240.00 feet Westerly of, as measured at a right angle to, said East line; THENCE North 00'21'00" West along said parallel line a distance of 30.00 feet to a line parallel with and 30.00 feet Northerly of, as measured at a right angle to, said South line; THENCE North 89'34'29" East along said parallel line a distance of 100.00 feet; THENCE North 44'36'45" East a distance of 99.06 feet to a line parallel with and 70.00 feet Westerly of, as measured at a right angle to, said East line; THENCE North 00'21'00" West along said parallel line a distance of 2542.80 feet to the North line of said NE1/4; THENCE South 89'50'28" East along said North line a distance of 30.00 feet to a line parallel with and 40.00 feet West of, as measured at a right angle to said East line; THENCE South 00'21'00" East along said parallel line a distance of 2642.50 to said South line and to the POINT OF BEGINNING; Said described parcel of land contains 86,829 Square Feet or 1.993 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT OF WAY OF WELD COUNTY ROAD 49 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East 40.00 feet of said NE1/4. Said described parcel of land contains 105,692 Square Feet or 2.426 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. 4188490 Pages: 5 of 6 S`/Y'�/�' 03/16/2016 11:37 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1 _ ,t . ■III h�l�.rl4 l�r��r�'�.I��'li 4h1:i1 ritrWU It Steven Parks — On Behalf Of, ISmg S4ni'eyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT is P-A0 OF PUBLIC WORKS ACQUISITION %VI ►� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 OGG& S LLC & STROH FAMILY WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 E.Garden Drive 3Cindsor,Colorado 80350 phone,(970)686-501( I emill,,nt a "ng.Surcevors.com DATE: 5-13-15 DRAWN BY: CDL SHEET: I of 2 tAH1t51 I-1- f L6 1 60' EXISTING RIGHT-OF-WAY] o r^ (BOOK 48, PAGE 139) cci 2 NE CORNER to CC N w Sec.12, T.3N., R.65W. m FOUND #6 REBAR WITH 3 LL 3.25" ALUMINUM CAP o 0 STAMPED LS 23520, 2001 co IN MONUMENT BOX CV En oa om OGG& SLLC, & z.. THE STROH m FAMILY TRUST : U' ALVIN DECHANT Jr. I PARC.#1213 12000005 N &DAVID ALAN RECP.#3223011 3 N DECHANT Ol NW 1/4 NO1ICE o S7-T3N-R64W Fl P According to Colorado law you must NE 1/4 O N commence any legal action based upon 0 o any defect in this survey within three years 512-T3N-R65W Z o after you first discover such defect. In no U) event may any action based upon any defect in this survey be commenced more ADDITIONAL RIGHT—OF—WAY than ten years from the date of the 86,829s.f.± OR 1.993ac.t certification shown hereon, (13-80-105 C.R.S. 2012) 40' EXISTING RIGHT-OF-WAY (REC. NO. 819288) NOTE: This exhibit drawing is not intended to be a monumentolized lend survey. It's sole purpose is as a graphic representation i 15' EXISTING RIGHT—OF—WAY los to aid in the visualization of the written N ' property description which it accompanies. MILTON LAKE ESTATES- The written property description supersedes (REC. NO 1550903) E 1/4 CORNER the exhibit growing. (0 60' EXISTING RIGHT OF WAY i� Sec.12, T.3N., R.65W. REC. NO WA I FOUND #6 REBAR WITH ( ) ! 3.25" ALUMINUM CAP �---0 STAMPED LS 34995, 2008 i i IN MONUMENT BOX LINE TABLE -- -- -- -- POINT OF COMMENCEMENT PATRICIA A.&TERRY L. . SEE DETAIL. LINE BEARING LENGTH GRISHAM . 1 - LOT 13 MILTON LAKE ESTATES I I L1 S89'34'29"W 40.00' L2 S89'34'29"W 200.00' DETAIL L3 NO0'21'00"W 30.00' SCALE 1"=100' - L4 N89'34'29"E 100.00' L4 L5 N44'36'45"E 99.06' r7I POINT 0F_BEGINNING` L6 S89'50'28"E 30.00' Jy L2 L1 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT i• P.# OF PUBLIC WORKS ACQUISITION C \� ► • WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 OGG& S LLC & STROH FAMILY WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' 650 E.Garden Dace I Windsor,Colorado 80550 WELD COUNTY,COLORADO „n„ nrnr r.Rrsm r i ''m,'r.4„'„rrtl1(ings"neporscom DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 4188490 Pages: 6 of 6 03/16/2016 11:37 All R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII lirdOkliNiAtikiii'4 lllAli trMR IIP'KIIIi Y Ilk EI II Hello